Dawkins v Dawkins [2002] EWCA Civ 1229 (22 July 2002)

Dawkins v Dawkins [2002] EWCA Civ 1229 (22 July 2002)

The application for permission to appeal does not raise an important point of law or principle nor any compelling reason; the circumstances do not satisfy the exceptional test for reopening final orders as established in Barder v Caluori. The court is bound by section 55 of the Access to Justice Act 1999 and must dismiss the application.

Citation
[2002] EWCA Civ 1229
Parties
Petitioner/respondent: Della Josephine Hourston Dawkins; Respondent/applicant: Keith Toni Dawkins
Jurisdiction
England and Wales
Judgment Date
22 July 2002
Procedural Posture
Ancillary Relief Appeal / Application for Permission to Appeal From County Court Decision
Outcome
applications refused
Legal Topics
Ancillary Relief, Lump Sum Payment, School Fees, Variation of Order, Permission to Appeal
Family Law Ancillary Relief Lump Sum Payment School Fees Variation of Order Permission to Appeal

Case Brief

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Parties

Della Josephine Hourston Dawkins

Petitioner/respondent

Keith Toni Dawkins

Respondent/applicant

Procedural Posture

Ancillary Relief Appeal / Application for Permission to Appeal From County Court Decision

Legal Issues

  1. 1 Whether permission to appeal should be granted under section 55 of the Access to Justice Act 1999
  2. 2 Whether the lump sum order should be varied to ensure payment for school fees
  3. 3 Whether the circumstances satisfy the exceptional test in Barder v Caluori

Ratio Decidendi

The application for permission to appeal does not raise an important point of law or principle nor any compelling reason; the circumstances do not satisfy the exceptional test for reopening final orders as established in Barder v Caluori. The court is bound by section 55 of the Access to Justice Act 1999 and must dismiss the application.

Court Disposition

applications refused

Orders

  • permission to appeal refused
  • extension of time refused